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The ATM

Policy
Institute

The case for liberalising


air traffic control
Purpose
Air traffic management (ATM) is a crucial component
of aviation, ensuring the safe separation of aircraft
as they move through the airspace. Under the
Chicago Convention, each State has an obligation
to secure the provision of ATM services in their
airspace, to the extent practicable. In most States, The ATM industry is under-performing
the provision of these services has been delegated
Studies into the ATM industry have identified a
to a national air navigation service provider (ANSP).
number of performance issues. A report by the
Despite continuing advances in the technology European Commission’s Performance Review
available to ANSPs and high levels of ATM safety, Body highlights the problems of excessive profits,
the current structure of the ATM industry leaves inefficient expenditure, slow adoption of new
much to be desired. There is a strong government systems and technology, and a lack of liquidity in
influence and, as a result of the monopoly status of European ANSPs.1 Meanwhile, the Air Transport
many ANSPs, a lack of competition in the industry. Action Group (ATAG) has voiced concerns about
This has resulted in an ATM service that can be inefficiencies in airspace as a result of congested
fragmented, opaque, charge prices that are often skies worldwide, fragmented airspace and an ATM
considered high, is at times resistant to change and institutional framework rooted in the 1940s rather
where there are large variations in performance than the 21st century.2 Many ANSPs have also been
between different ANSPs. criticised by airlines for their high prices and for
being slow to adopt new technologies that could
The purpose of this document is to outline how the reduce costs and improve safety.
ATM industry could be transformed and improved
through liberalisation. This should bring a number The data available on ANSP performance supports
of benefits, as is demonstrated by the liberalisation these complaints. A 2015 report by CANSO shows
of other similar industries. These include creating that over half of the ANSPs surveyed increased
strong incentives for ANSPs to improve their their real unit costs between 2011 and 2014.3 In
efficiency, lower their prices, and provide services Europe, benchmarking data shows that many
that better meet their customers’ needs, while performance targets for flight efficiency, capacity
continuing to offer a high – or even improved – level and cost efficiency have not been met, while there
of safety. is significant (and often unexplained) divergence in
unit route charges between ANSPs. For example,
unit route charges in French airspace are just under
€68 but increase to almost €83 in neighbouring
German airspace, despite the two sharing many
common characteristics.4

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The lack of competition in the ATM industry


can explain much of the problem
Most ANSPs have some sort of statutory monopoly
on providing ATM services in their country’s
airspace. This is because, to a large extent, to date,
ATM is considered to be a natural monopoly. This
means that the high cost of building fully competing
ATM networks would outweigh the benefits from
any competition. However, even in cases where
competition for some ATM services is feasible,
government policy often limits the provision of the
different elements of ATM to a single provider.

Most ANSPs have As a result of their monopoly status across a


large proportion of their services, most ANSPs
relatively weak have relatively weak incentives to improve their
performance. This is because airlines have no
incentives to improve practical means to change supplier if they are not
satisfied with the service received. ANSPs are not
their performance therefore subject to the sort of pressures on prices
and quality observed in competitive industries, and
have little incentive to develop business models that
will drive customer benefits. If left unchecked, the
result can be high prices, inefficient costs, under-
investment, sub-optimal goods and services, and
excessive profits.

In many industries where a firm has a monopoly, it


is subject to economic regulation. This requires the
firm to follow certain rules, and places restrictions –
such as the maximum price the firm can charge for
its services – in an attempt to make it behave more
like a firm in a competitive market.

However, many ANSPs are currently exempt from


this type of regulation. Even where economic
regulation does exist, in many cases the ANSP is
not sufficiently independent and separated from
the economic regulator, which severely limits the
effectiveness of the regulations. Poor economic
regulation can also add considerable costs
and inefficiencies.

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The monopoly status of ANSPs has also, at times, The problems associated with the monopoly
led to management complacency and created a status of ANSPs are reinforced by ownership
culture of resistance to change in the workforce. and governance structures. Many ANSPs are
This often manifests itself in entrenched resistance government departments or are in some other
and staff opposition to any significant changes, way publicly controlled. This can mean that they
frustrating efforts to introduce reforms. For example, often incentivised to meet political and State-
despite endeavours to consolidate the airspace, driven objectives, and are more answerable to the
it remains highly fragmented in many parts of the demands of their government owners than to the
world, thereby complicating the processes for needs of the airline customers.
aircraft transitioning between ANSPs and, in some
cases, between sectors within the same ANSP.

Explaining the performance issues of the ATM industry

Under-
Current performance
industry Creates of ATM
structure behaviours industry
Historic monopoly status Weak incentives to improve This includes:
performance
Weak economic regulation High prices
Resistance to change
Government control Inefficient expenditure
Management respond to
Fragmented airspace
demands of government
rather than airline Lack of transparency
customers Slow adoption of new
technologies

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Liberalisation of the ATM industry may drive


much of the necessary change
Greater liberalisation of the ATM industry would
help address many of the performance issues
facing ANSPs. Liberalisation would mean greater
competition and the relaxation of ownership and
control rules. Together, these would bring the
industry into the 21st century, and encourage a more
customer-focussed ATM service.

There is significant precedent for the liberalisation


of industries that were previously considered to be
monopolies. This includes the telecommunications,
energy and rail industries in many parts of the world, Liberalisation
as well as the airline industry (see the Appendix
for more information). The success of liberalisation of air traffic
in these industries, combined with technological
advances in ATM - such as the emergence of management
satellite-based systems - strongly suggests that
there is significant potential for the liberalisation of
the ATM industry.

Liberalisation has a high potential to disrupt the


ATM industry. Some ANSPs may consider this a
threat. For example, liberalisation and the resulting
competition may cause some concerns about the Competition Corporatised ANSPs,
risks to jobs, the viability of supply of ATM services for selected operating independent
(particularly in uneconomic airspace), and safety ATM services of government
standards. Similar concerns were voiced in the lead-
up to the liberalisation of the airline industry; the
vast majority of which later proved to be unfounded.

Liberalisation will provide opportunities for those


ANSPs who are willing to adapt and innovate. This
includes opportunities to expand into new markets,
to work collaboratively, and to secure rewards for
better serving airline customers. Learning from the
experience of liberalisation in other sectors, and
therefore ensuring the process of liberalisation is
undertaken in a controlled manner, will also help
ensure that many of the risks associated with
liberalisation can be addressed and mitigated.

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Greater competition in ATM could generate


significant benefits for customers
Standard economic theory notes that competition
between firms for the provision of goods or services
generally results in better outcomes than if those
goods or services were provided by a single supplier
(ie, a monopolist). This is because competition
requires firms (in this case, ANSPs) to distinguish
themselves from rivals in order to retain, or even
increase, their market share as well as the overall
size of the market.

Greater competition in ATM would generate


downward pressure on prices. ANSPs would be
Competition
incentivised to offer more attractive prices than their
rivals in order to gain market share. This would
between firms
have wider benefits for passengers and the aviation
industry as a whole. This is because lower ATM fees
generally results
paid by airlines should, in turn, lead to lower fares
for passengers and stimulate aviation activity that
in better outcomes
results in increased choice for travellers. than if those goods
ANSPs would also have a stronger incentive to
improve their cost efficiency so as to compete
or services were
on price without compromising safety. This may
include, for example, identifying opportunities to
provided by a
collaborate or consolidate with other ANSPs to
exploit economies of scale in areas such as training
single supplier
and development, back-office services, and the
specification, development and procurement of
equipment.

Competition would also drive ANSPs to differentiate


themselves by their service offering and quality,
adapting to the needs of their users and resulting
in a more customer-focussed ATM service. ANSPs
would have strong incentives to make the necessary
improvements in quality, adopt new technologies,
innovate, and undertake investments that enable
them to meet the demands of their customers in
order to retain or even increase their customer base.
This has the potential additional benefit of further
stimulating innovation in the wider aviation industry.
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What would competition in ATM look like?


We have identified a number of areas in the ATM
industry where we consider it would be feasible to
introduce greater competition in the short to medium
term. This includes areas where we consider Terminal Air Navigation Services (TANS)
suppliers could compete for the right to be the sole
provider of a particular service (competition for the Competition for TANS would require ANSPs
market), and where suppliers could compete directly to compete (for example, through a tender
with each other to provide specific services to process) for an exclusive contract to operate
individual customers (competition in the market). tower services at a particular airport for a fixed
period of time. This can include aerodrome
services as well as potentially approach
services. It may also extend to data processing
and analysis services on behalf of the airport
and individual airlines, as well as operating
Unbundled data, training and
local flow control services that could streamline
infrastructure services
airport operations.
Many of the supporting services that enable
an ANSP to perform its ATM role could be Markets for TANS are already being developed
unbundled and outsourced. This is already in a number of countries, including Germany,
occurring in some countries. It includes Spain, Sweden, the UK, and the US. However,
the provision of aeronautical information there is still significant progress to be made to
such as meteorological, environmental, fully open up tower services at all airports to
mapping and flight plan data. Competition competition in these markets, and to include all
for the provision of training services should tower-related services in the TANS market.
also be encouraged as should, wherever
possible, competition for the provision and Where competition for tower services does
maintenance of the infrastructure. exist, it is broadly considered to be a success.
In Spain, changes in the provider of TANS
Outsourcing has been present in the US are estimated to have resulted in cost savings
since the 1980s, with flight service stations, of around 50%, while in Sweden savings
ADS-B, training and data communication of 30-40% have been reported.5 In the UK,
services now provided by private suppliers. changes in the provider of TANS are also
Many ANSPs in Europe that are seeking considered to have reduced costs significantly
to make cost savings have also started while maintaining highly efficient operations.
to unbundle non-core services including Furthermore, it has reported to have resulted
training, meteorology, aeronautical in the incumbent ANSP (NATS Services
information management, maintenance, Limited) becoming more customer-centric,
engineering and surveillance. However, there adopting cost-saving measures and accepting
is significant scope for further unbundling, performance-linked payments in a broad range
especially with advances in technology. of markets.6

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Oceanic services
There is significant potential for competition
between providers in oceanic airspace. The
increasing use of automation in this airspace,
including self-separation, enables aircraft
Franchised en-route services to take over much of the traditional role of
There is scope for competition between controllers. Instead, ANSPs could compete
ANSPs for the contract to provide ATM with each other to provide individual airlines
services in a specific country or a sector with the necessary data to enable them
within a country. Similar to TANS, the to self-separate and plan their routes over
successful ANSP would then have the oceanic airspace. This could be extended to
exclusive right to provide en-route (and the provision of ADS-B data for free-routing,
potentially approach) services in the airspace where this exists. As with competition for
for a fixed period, subject to meeting specific en-route services discussed above, it is
performance indicators. also possible for many sectors of oceanic
airspace to be competitively tendered.
This model has been adopted in upper
Kosovan airspace and in the Middle East,
where private contractors provide ATM
services using the government-owned
infrastructure. The model means that the
State maintains ultimate control of the
airspace, thereby avoiding any concerns
Liberalisation
about the State’s ability to exercise will provide
sovereignty over its own airspace.

This concept would be particularly attractive


opportunities for
in regions where skills and experience in ATM
are lacking, or where the scope to exploit
those ANSPs who
economies of scale is limited. However, the are willing to adapt
benefits of this sort of competition for the
market would also be applicable in more and innovate
developed airspace. Recent developments
in ATM technology would also enable this
service to be provided remotely, using virtual
centres.

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Longer-term
In the longer-term, technological advances (such
as those emerging from the NextGen program in
the US and SESAR in Europe) and the successful
introduction of competition in ATM may enable
competition to be expanded into other areas of an
ANSP’s activities, including further competition
for the provision of en-route services. It is worth
noting that the delivery and design of ATM services
may also change as the aircraft avionics become
increasingly sophisticated. This would allow much
of the work that has historically been performed on
the ground to be more accurately performed in the
Flow management cockpit.
Flow management relates to the optimisation
of the flows of traffic across the network,
or particular regional or airport-level parts
of the network, using the surveillance and
communications infrastructure.

In Europe, this role has been centralised


to some extent. Eurocontrol, on behalf of
the European Commission, is responsible
for optimising traffic flows according to
airspace capacity across Europe’s 41 Flight
Information Regions (FIRs). Elsewhere, this
type of network management remains far
more distributed. There are however some
initial discussions on the potential to create a
centralised role in the Middle East.

There is significant scope to open up the


flow management role to competition. This
includes the allocation of departure or arrival
times and the coordination of local airspace
networks into a regional continuum. The role
could be tendered on a cross-border, regional
or cross-regional basis. Major airports can
also have a flow management process that
ties in with regional network management.

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For competition to be effective, ANSPs ANSPs worldwide found that the change in
should operate as corporatised entities structure resulted in, amongst other benefits,
a greater focus on the needs of the ANSPs’
In order for competition in ATM to be successful,
customers, improvements in service quality and a
ANSPs need to act like commercial entities.
reduction in costs.8
Currently, many ANSPs remain closely controlled by
their governments, meaning they do not have the
autonomy or flexibility to respond to competition.

This issue can be best achieved through the


corporatisation (also known as commercialisation) Examples of current ANSP
of the ANSP, whereby the ANSP is given greater
managerial and financial authority. This encourages
ownership modelss

Degree of government control


the ANSP to behave more like a private-sector
1.Government
firm, ensuring a focus on customer service and
department Algeria, Brazil, China,
performance alongside good governance. It also
France, Greece, Israel, Japan,
helps ensure the separation of service provision Luxembourg, Kenya, Mexico
from regulation, thereby avoiding obvious conflicts
of interest. 2.Government
There are several alternative options for the agency
structure, ownership and management of
Nigeria, USA
corporatised air navigation services. This includes
fully publicly owned entities, co-operatives, and
public-private partnerships as well as functionally 3.State
separate ANSPs. It may also involve privatisation, enterprise Australia, Belgium, Egypt,
although corporatisation does not require that the Netherlands, Portugual, Russia,
Spain, Sweden, Thailand
ANSP is transferred to private ownership.

The considerable diversity among ANSPs means 4.Corporatised


that there is no ‘one size fits all’ solution. Different entity Austria, Croatia,
national and regional cultures, levels of maturity Estonia, Germany, Ireland,
in the organisation and business models, levels of New Zealand, Norway
traffic density and complexity, and ATM technology
and infrastructure may lead to different optimal 5.Partly
structures and governance models. privatised
entity Canada, Italy,
A number of ANSPs have been successful Switzerland, UK
corporatised already, and the concept of
corporatisation is widely supported by ICAO,
airlines and by CANSO.7 Where it has occurred, the
corporatisation of ANSPs is generally considered to
have been a success. One study of ten corporatised

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Alongside greater competition and Regulation will also continue to be necessary


corporatisation, there is a need for more in the areas of safety and standards to
effective performance-based regulation provide reassurance and ensure these are not
compromised. Like other safety crucial industries,
In areas where competition is not currently feasible,
whether privately or publically owned, the State has
desirable or politically acceptable and an ANSP
a duty to its citizens to ensure that such services are
therefore retains its monopoly status, these activities
provided as safely as reasonably possible and to at
should be subject to effective performance-based
least a set of minimum standards. ICAO therefore
regulation. This type of regulation creates incentives
currently requires States to provide safety oversight
for an ANSP to improve its performance and
of ANSPs.
produce appropriate outcomes. Rewards (typically
financial) are offered for good performance, with An additional consideration in the case of ATM is
penalties imposed if performance falls below a that the airspace is used by both civil and military
defined standard. users and that – at times of domestic unrest or even
international conflict – it is important that the needs
The use of performance-based regulation to
of the State and its armed forces can retain primacy.
encourage monopolists to behave like a firm in
This should also be provided for in legislation and
a competitive market is becoming increasingly
governance structures for the operation of airspace.
standard in industries where firms have a monopoly.
However, as discussed, many ANSPs are not
currently subject to effective economic regulation.

Some sort of performance-based regulation may Many ANSPs are not


also be necessary in areas where competition
is introduced but where an ANSP still retains
currently subject to
significant market power. This may include cases
where the ANSP has been awarded the exclusive
effective economic
right to operate a service as a result of competitive
tender, or where alternative providers of ATM
regulation
services require access to a national monopoly ATM
infrastructure.

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Where do we go from here?


The liberalisation of the ATM industry will not be an
easy task. The innate conservatism of an industry
built around safety, a natural desire to preserve the
status quo, and other institutional, regulatory and
legal barriers currently limit the ability of ANSPs to
compete with each other. Political will to implement
change is weak, particularly as the use of airspace
is often wrapped up with considerations of state We intend to lead
sovereignty. There are also a number of technical
and practical issues that must be addressed before the debate on
how to improve
competition can be introduced in some areas. But
this does not mean the goal of liberalisation is not
worth pursuing.
the efficiency and
There is clearly a need throughout the aviation
industry for greater understanding of the potential efficacy of ATM
through market
for, and value of, liberalising ATM. For example,
the key decision makers - governments and civil
aviation regulators - need to be persuaded of the
benefits to the economy and to passengers of liberalisation, and
enabling greater competition in ATM activities, and
that these benefits should prevail over political and to communicate the
institutional barriers. At the same time, regulators –
and the travelling public - will need to be convinced benefits of enabling
that safety will not be compromised.
ANSPs to compete
The ATM Policy Institute has been created to
fulfil this role by providing research on ATM policy with each other
issues. In particular, we intend to lead the debate on
how to improve the efficiency and efficacy of ATM
through market liberalisation, and to communicate
the benefits of enabling ANSPs to compete with
each other. The ATM Policy Institute will also
act as a means for like-minded members of the
aviation community to collectively pursue this goal
and, through our workshops, to share ideas and
research.

More information on the ATM Policy Institute can be


found at www.atmpolicy.aero.

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Appendix: Precedent for liberalisation

A number of industries that were previously Telecommunications


considered to be monopolies have been In many countries, the telecommunications market
successfully liberalised. These industries share has been liberalised despite previously being
many characteristics with ATM. For example, considered to be a natural monopoly.
they are often considered to provide an essential
service, and as a result many were government- In some cases, the development of new
owned and had a statutory monopoly. In other technologies in the telecoms industry, such as cable
cases, competition was not thought to be feasible or or satellite, has enabled firms to establish separate
desirable due to the high fixed costs of establishing rival networks to the monopoly incumbent.
rival businesses (ie, they were considered to be
natural monopolies). Meanwhile, local loop unbundling (LLU) has
enabled competition without the need for new
This appendix outlines how some of these industries entrants to build their own networks. LLU requires
were liberalised, and the resulting impacts on prices, the incumbent monopoly provider to make its
quality and other aspects of the service. infrastructure available to other telecoms firms to
use, for a fee that is generally determined by the
Airline liberalisation economic regulator. Firms then compete on quality
Prior to liberalisation, most airlines were state- and price by combining their own equipment,
owned carriers. There were strict rules about where software and retail services with access to the
and when carriers could operate, as well as how existing monopoly infrastructure, usually through the
much they could charge. However, concerns about local telephone exchange.
high fares, difficulties in establishing new routes,
and industry inefficiency led to the deregulation of The liberalisation of the telecommunications industry
the domestic airline industry in the US in the late is estimated to have reduced prices, increased the
1970s. Following this example, a series of reforms uptake of broadband and resulted in higher average
led to the creation of a Single European Aviation broadband speed.9 However, the large fixed costs
Market in the 1990s, and the opening up of a of establishing rival networks and the value of
number of international routes to competition. Now, network effects - whereby the more subscribers to
large parts of the airline industry are liberalised. a particular network, the greater the incentives for
other subscribers to join - means that competition
Overall, the liberalisation of the airline industry is between rival networks is often limited to a few
considered to have been a success. Liberalisation suppliers and to particular regions. While LLU
has led to the emergence of new business models, largely avoids this issue, it has been slow to take off
including low-fare airlines. Numerous studies have in many countries amid accusations of excessive
identified the positive impacts that the increased pricing for access to the monopoly infrastructure and
competition has had. This includes significantly of delay tactics by the incumbent telecoms provider.
lower fares, increased traffic, an increase in
jobs in aviation and related industries, increased
foreign investment and growth in economic output.
Meanwhile, many of the concerns voiced in the lead-
up to airline liberalisation – including the potential
negative impact on safety, jobs, connectivity and
security - have proved to be unfounded.
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Appendix: Precedent for liberalisation

European passenger rail services Energy sector


A number of European countries have liberalised Many countries have liberalised their energy
their passenger rail services (many countries have sectors with the aim of introducing competition
also liberalised their rail freight services to some wherever possible. This includes competition for the
extent). The degree of liberalisation varies across generation of energy and for the provision of retail
countries, with some allowing competitors open services to end-consumers.
access to the rail network (on-rail competition), and
others using franchising to select a single provider In those countries with liberalised energy sectors
for specific passenger services and routes. In both a wholesale market is typically created to enable
cases, competitors pay an access fee for using competition for energy generation. This market
the rail network, which is usually operated and allows individual generation companies to sell
maintained by a government-owned monopoly. the energy they produce and for energy retailers
and consumers to buy the energy they require
Countries with on-rail competition for passenger at the lowest price offered. The energy is then
rail services include Austria, the Czech Republic, transported through the national transmission and
Germany, Italy, Sweden and the UK. However, local distribution infrastructure (which are typically
competition is generally limited to a few specific regulated monopolies).
routes that are considered commercially viable
(and therefore not subject to any public service Competition in the retail market for energy is created
obligations or subsidies). by allowing customers to choose between energy
retailers, who attempt to differentiate themselves
Competitive tenders for passenger rail services through price plans and products. These retailers
have been introduced on various routes in Denmark, then purchase energy from the wholesale market to
Germany, Italy, the Netherlands, Sweden and the fulfil the demands of their customers.
UK. Individual routes and services are offered for
public tender. Bidders are then assessed based on While the impact of liberalisation on energy prices is
the amount offered (or subsidy required) for the right difficult to identify, various studies have found that it
to operate the service, and on initiatives to improve has led to the more efficient use of generation plants
the quality of service for passengers. The successful and the associated energy transmission assets.
bidder then acquires the right to operate the service Labour productivity has also improved, although this
for a fixed period, with some contracts extending up has also resulted in job losses. Liberalisation is also
to 15 years. found to have increased transparency, for example
highlighting where cross-subsidies were occurring
Where liberalisation has occurred, it is generally previously. In many cases, this has led to effective
considered to have been successful. For example, adjustments to countries’ energy policies.12
on-rail competition has been found to lower fares,
improve service quality (including, for example, the However, the sector still has significant potential
introduction of wi-fi and more frequent services), to improve the level of competitiveness. Some
and result in efficiency improvements and increased markets are dominated by just a few generators,
demand for rail services.10 Meanwhile, competitions while government policies and restrictions can often
for rail franchises in Germany, Sweden and the distort the market, particularly for retail competition.
Netherlands are estimated to have led to saving in
public funds of as much as 20-30%.11
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List of footnotes

1
Performance Review Body ‘PRB White Paper:
RP3 Performance Objectives’ June 2016
2
ATAG ‘Revolutionising Air Traffic Management:
Practical Steps to Accelerating Airspace Efficiency
in Your Region’ November 2012
3
CANSO ‘Global Air Navigation Service Performance
Report 2015 – The Industry View’ 2015
4
Performance Review Body ‘PRB Annual Monitoring
Report 2014’ 2015; Eurocontrol Central Route
Charging Office, adjusted unit rates applicable to
August 2016 flights
5
Helios ‘Study into Air Navigation Service to be
Opened to Competition in Norway: Part 1’ 2015
6
Thompson, I, Pech, R et al ‘An Assessment of
Delivery Changes for UK Terminal Air Navigation
Services’ in Journal of Air Transport Management 57
(2016)
7
ICAO ‘Manual on Air Navigation Service Economics’
2013; IATA ‘Commercialisation of Air Navigation
Service Providers’ 2007; CANSO ‘Guide to Separation
of Service Provision and Regulation’ 2013
8
McDougall, Glen and Roberts, Alasdai ‘Commercializing
Air Traffic Control: Have the Reforms Worked?’ 2007
9
See, for example, Nardotto, M, Verboven, F and Velletti, T
‘Unbundling the Incumbent: Evidence from UK Broadband’
in Journal of the European Economic Association April
2015; Australian Competition and Consumer Commission
‘Changes in the Prices Paid for Telecommunications
Services In Australia 2012-13’ 2014
10
Competition and Markets Authority ‘Competition in
Passenger Rail Services in Great Britain: Discussion
Document’ 2015
11
Communication from the European Commission ‘ The
Fourth Railway Package – Completing the Single European
Railway Area to Foster European Competitiveness and
Growth’ 2013
12
International Energy Agency ‘Lessons from Liberalised
Electricity Markets’ 2005

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